Terms of Service


EduMode Software GmbH

Kronenstr. 69

10117 Berlin

Seat in Berlin

District Court Berlin Charlottenburg HRB 198659

VAT ID DE319991837


Represented by:


Klaus-Jürgen Meier, Managing Director

Oliver Laux, Managing Director


E-mail: info@edumode.org



Introduction


EDUroom offers registered teachers the opportunity to use digital content such as apps and websites in the classroom. Private devices of students * and school devices, such as smartphones and tablets, can be usefully integrated into the classroom and used on their own responsibility.

 

By registering for the EDUroom Service, you ("User") agree to the following terms and conditions ("Terms and Conditions") of EduMode Software GmbH.


§ 1 Scope of validity
We ask you to read these conditions of use carefully, because for a business relation between the EduMode software GmbH (in the following: "offerer") and the user these AGB form the legal framework. Deviating conditions and regulations of the user are not recognized by the provider, unless their validity has been expressly approved by him.


§ 2 Conclusion of contract
During the registration process, the user is asked to choose a form of membership based on the form of billing. The contract is created by pressing the "order with costs" button as an offer and the order confirmation by e-mail as an acceptance. The contract language is German.

§ 3 Cancellation Policy
The user can revoke his contract declaration within 14 days without giving a reason by a clear statement. The period begins after receipt of this instruction on a durable medium, but not before conclusion of the contract and also not before fulfillment of our information obligations in accordance with Article 246 b § 2 Abs. 1 i. V. M. § 1 para. 1 no. 7-12, 15 and 19 and Article 248 § 4 para. 1 EGBGB. In order to maintain the withdrawal period, the timely dispatch of the revocation is sufficient if the declaration is made on a durable medium (eg letter, fax, e-mail). The revocation is too

address to:


EduMode Software GmbH
Kronenstr. 69
10117 Berlin
info@edumode.org

§ 3.1 Right of Withdrawal
A statutory right of withdrawal is available to every consumer. Consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.

§ 3.2 Revocation consequences

In the case of an effective cancellation, the mutually received benefits are to be returned. The user is obliged to pay compensation for the services provided until the revocation, if he was informed of this legal consequence before submitting his contract and expressly agreed that Edumode Software GmbH will commence execution of the consideration before the end of the revocation period , If there is an obligation to pay reimbursement of value, this may mean that the user still has to fulfill the contractual payment obligations for the period until the revocation. The right of revocation expires prematurely if the contract is completely fulfilled by both parties at the express request of the user before the user has exercised his right of revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the user with the dispatch of his revocation, for the Edumode Software GmbH with their receipt.

§ 4 Availability of the offer
EduMode Software GmbH strives to ensure the proper operation of EDUroom at all times. However, EduMode Software GmbH does not guarantee uninterrupted accessibility. Maintenance will be carried out between 22:00 and 5:00. We use current and generally tested technologies for our service. In order to take full advantage of our offer, you must also use these technologies (iOS 10.3 or higher, Android 4.2 or higher, WebKit-enabled browser, Internet connection, mobile device with camera and touchscreen). You can use older or other technologies that you can only use our offered services to a limited extent.

§ 5 Prices and Terms of Payment
The final prices as well as the extent of use of the services provided by EduMode Software GmbH result from the price and service list, which is valid at the time of the respective conclusion of the contract. This is available here.

If the use of our offer within a test or special action is free of charge, the user may only have a limited range of functions. A claim for permanent use does not exist.

§ 6 Billing method, termination, contract extension
The products of EDUroom can only be purchased as a subscription. The type of billing that is tracked, the price and the term of each offer are listed in the offer and summarized in full before the order is completed. A contract for the acquisition of an annual license comes with the click on the button "Subscription start".

Subscriptions are always closed for one year. The remuneration for individual and teaching licenses is due upon conclusion of the contract for the entire period of one year, unless otherwise stated in the price and service specifications. Class and school licenses, however, can be tested for 30 days without obligation. The reimbursement can accordingly take place within a period of 30 days.

The subscription is automatically renewed for one year, unless terminated by the user at least 30 days before the end of the contract period.

If there is an important reason justifying an immediate termination of the contract, both contracting parties are entitled to do so at any time. An important reason is in particular if the user with a due payment after receipt of a payment reminder or reminder gets in default more than 20 working days or he violates the rules of conduct of EDUroom or against other provisions and despite reminder within a reasonable time does not remedy , A warning is not required if it does not promise success or the infringement is so serious that EDUroom a sticking to the contract is not reasonable.

§ 7 Privacy
For data protection issues, we refer to our privacy policy.

§ 8 Liability
Claims for damages of the user are excluded. Compensation claims based on injury to life, body, health or breach of essential contractual obligations (so-called cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by EduMode Software GmbH, its legal representatives or vicarious agents , are excluded. This also applies to claims for damages of the user resulting from injury to life, limb or health. In the case law, cardinal obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on the compliance of which the contractual partner can regularly rely and trust - ie the essential contractual obligations. EduMode Software GmbH is liable for slight negligence only if an essential contractual obligation has been breached by EduMode Software GmbH, a legal representative or vicarious agent. Also excluded from this are claims for damages of the user from a violation of life, body or health.

The limitations of liability exist equally in favor of the legal representatives, executives or agents of EduMode Software GmbH, if claims are asserted against them directly.

§ 9 Copyright, trademark and naming rights, property rights
Any rights to the offer of EduMode Software GmbH and its labeling EDUroom including all produced by EduMode Software GmbH and distributed within the EDUroom texts, images and other works are protected by copyright and use beyond the portal requires a consent (§ 183 BGB) of EduMode Software GmbH.

§ 10 content posted by users; Registration data

We allow users to save content they have created themselves (images, audio contributions or videos) as part of the interactive use of EDUroom. EDUroom does not monitor this and does not claim ownership of this content. If the user discontinues his own content, he undertakes to comply with the statutory provisions. In particular, the user is prohibited from distributing pornographic, violence-glorifying and inciting content to the public or calling for criminal acts.

We point out that only so-called 'GEMA-free music' or music that has not been created (even in part) by such composers or authors of texts that are members of GEMA or another music rights collecting society are used may. Thus, only music titles or parts of them can be used, which were created by free (not to the GEMA or other collecting societies bound) authors and composers, since otherwise would have to be paid for the use of this music duties.

Furthermore, we point out that the user must own the ancillary copyrights, personal rights, copyrights or the rights of use of these materials in their own stored and published contents (music, photos, videos, etc.), i. that the user must either have created the content himself or must have acquired the rights of use for use on our site by the authorized persons.

The posting of content is only permitted for private use. Content that serves the purpose of pursuing promotional or commercial interests is not granted.

The user is also requested not to give any third party access to his registration data. He therefore ensures that no abuse by third parties can occur. Furthermore, he assumes responsibility for ensuring that the content posted by him is free from viruses, Trojans and other programs that could significantly impair or jeopardize the functionality, the stock of EDUroom or other users.

There is also a guarantee to EduMode Software GmbH that the contents of the user can be used free of third party rights. This also includes any personal rights of all pictured, named and included in the content of third parties.

If a user violates this agreement, the user will be excluded from his membership or at least the ability to save content.

§ 11 Final Provisions
The law of the Federal Republic of Germany applies excluding the UN sales law. If legally permissible, the place of performance and the exclusive place of jurisdiction is Ingolstadt. These Terms of Use remain binding even in the case of legal invalidity of individual points in their remaining parts.

EduMode Software GmbH reserves the right to change these terms of use without stating reasons, as far as this is necessary due to changes in the services of EduMode Software GmbH, the scope of EDUroom or due to legal changes or technical development. This applies especially if new offers from EDUroom require new regulations.

The changed terms and conditions will be sent to the user in advance by e-mail. If he does not object within six weeks, these are considered accepted. If the case of an opposition is raised, EDUroom may suspend the user's account. Payments already made will be reimbursed in proportion to the remaining term. These legal consequences are communicated to the user separately in the e-mail with the changed terms of use.

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